Report: Texas can address wandering officers, data shortfalls in law enforcement

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AUSTIN — A new report released this week by the nonpartisan public policy think tank Texas 2036 looks to highlight critical issues in the state’s law enforcement structure and offer recommendations on how to close loopholes and shore up law enforcement across the state.

Specifically, the report looked into how the Texas Commission on Law Enforcement, or TCOLE, offers oversight, tracks wandering officers and collects and reports data.

TCOLE sets state law enforcement policies and procedures and takes formal disciplinary actions against licensees when necessary. The agency oversees more than 2,700 law enforcement agencies, 78,500 peace officers, 22,300 county jailers and 8,800 dispatchers. 

The Texas 2036 report advocates for more funding for TCOLE come the next legislative session because its operations far outsize similar agencies in other states without comparable funding. The think tank argues some reforms and greater funding will increase transparency and trust in policing in Texas.

“The men and women who serve Texans every day deserve a regulatory structure rooted in good data, transparency and accountability,'' said Texas 2036 policy adviser Luis Soberon in a statement. 

INCREASED TRANSPARENCY

The report recommends the state Legislature increase transparency and reform its F-5 separation reports.

F-5 reports contain information about why an officer is separated from the agency and indicate whether it was honorable, general or dishonorable, but they often do not include detailed information.

Texas 2036 recommends those reports be redesigned to include descriptive and fact-based categories to help other law enforcement agencies when they are considering a job candidate.

The report argues not publishing that information allows for a greater number of “wandering officers,” or officers that secure new jobs at law enforcement agencies despite being fired by their previous employer or leaving under a discipline cloud. 

“By increasing transparency and accountability around officers engaged in such misbehavior, (police officer standards and training agencies) and (law enforcement agencies) can improve trust over the long term and remove the power of such officers to misbehave in the name of the government,” the report said.

IMPROVED DATA COLLECTION

Texas 2036 also called on state lawmakers to invest in TCOLE’s data infrastructure.

An investment would allow for improved software designed to catch errors – such as errors in the stop data reported for use of force, injury to the suspect, injury to the officer or injury to both – that tend to erode data. Clear data is necessary to address issues and make substantial and important changes, Texas 2036 argues.

The report also recommended TCOLE offer a public-facing database of agency and officer information and statistics.

TCOLE is not mandated to have a public-facing database reporting a peace officer’s license status, but by providing one, TCOLE could further highlight its dedication to safety by ensuring the public it is served by highly trained and ethical law enforcement, the think tank said. 

A September poll conducted by Texas 2036 found that 73% of those surveyed supported giving TCOLE more authority to collect information and enforce disciplinary actions in cases of serious misconduct from licensed peace officers.

Additionally, 68% of Texas voters said they trust their local law enforcement, but 83% said it would increase their confidence in law enforcement if lawmakers made it harder to rehire law enforcement officers who were previously fired for poor conduct. 

The more information that TCOLE compiles about individual officers into its data system, the more it could be proactive in its engagement with law enforcement agencies, the think tank said.

“As TCOLE looks to the future of its oversight responsibilities, evolving the TCOLE data systems used to capture and report on officer and (law enforcement agency) performance presents an important opportunity,” the report said. “Once those data are captured, finding the means to report as much of that data to the public will improve overall accountability and transparency.”

Texas 2036 said it plans to push these recommendations in the next legislative session, which begins in January.

Representatives from TCOLE did not respond to requests for comment on the report.

Jennifer Szimanski, public affairs coordinator for the Combined Law Enforcement Associations of Texas, the largest police officers union in the state, said it is still reviewing the report.